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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Myself and my ex partner, were in a relationship for 18 months,

Customer Question

Myself and my ex partner, we're in a relationship for 18 months, we have a 10 month child,
She has lived with me at my home for the last year
My mother has lived with us for the last 7 months, my sister has stayed with us for the last 2 months
The relationship between X and my family , has been very strained
On 17 July , my X got into heated argument with my mother, she threatened to kill her with a knife, kill the baby, my sister and I , we're witnesses, sister called 999, X was arrested , she was held in police custody for 42 hours, police took statements from myself, mother and sister
At police station, she made an allegation against me , that I falsely imprisoned her for 6 days, asked her to sign chill custudy, when she refused, i allegedly threatened to kill and burn her
I was arrested, held in police custody for 8 hrs, i was interviewed , denied all allegations, released on bail, pending further investigations, neither of has been charged yet
During this time , I have provided police with ample evidence, including, my bank statements ts, showing I was going out , in my car, cctv footage of both us at local asda, she was driving my car during daily, durinING alleged period, police identified my car , through road cameras
Neighbour witnesses, at least 3, that at no time was she imprisoned
In her statement , she mentions , i let her to work, during the alleged period
She had her mobile with her at all times
She made the allegation, after she was arrested, with no evidence other than her statement
Where do I stand at the moment? Please advise
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you.

Alex Watts :

When you say where do you stand, in relation to what specially, the charges?

Alex Watts :

Are the Police still investigating? Have you been charged at all please?

Customer:

I have not been charged, neither has she

Customer:

Police are still investigating, but as I mentioned, I have provided police with evidence to clear me

Customer:

Allegations against me , are false imprisonment and threat to kill

Customer:

Her only evidence is her statement

Alex Watts :

Yes ok. What is it you want to ask me about this so I can help?

Customer:

My question is , the liklihood of me , being charged,

Customer:

And likehold of her being charged

Customer:

I have no criminal history what so evere

Alex Watts :

My answer will be qualified because as you can imagine I have not seen any of the evidence.

Customer:

I have a important and sensitive job

Alex Watts :

The matter will go before a CPS lawyer who will decide a two stage test:

Alex Watts :

1) Is there a realistic prospect of a conviction

Alex Watts :

2) is it in the public interest

Alex Watts :

The highest hurdle is the conviction one. They would have to prove beyond reasonable doubt that the offences took place

Alex Watts :

If they can not then there will not be a realistic prospect of conviction.

Customer:

Yes I understand, the first stage is the evidential stage

Customer:

I can't see how

Alex Watts :

But based on what you have said given the fact you have witnesses and were not placed at the scene, then I do not think it would pass that

Alex Watts :

Of course giving this is domestic violence the police have a duty to investigate.

Customer:

I can't see any evidence against me

Alex Watts :

Imagine for one second what she said was true, did not charge and you killed her - it would be in the papers.

Alex Watts :

But given that you have evidence to show you were elsewhere then I would not think you would be charged.

Alex Watts :

I hope this gives you some sort of weight off your mind

Alex Watts :

As for her being charged, given there are multiple witnesses I think it is certainly possible.

Customer:

What about her being charged

Alex Watts :

Obviously I do not have the benefit of the evidence, but based on what you have said, I think that is entirely possible.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Also , with regards ***** ***** to kill, can cos charge just based on her statement

Alex Watts :

Yes it can be.

Customer:

Sorry cps

Alex Watts :

Yes it is possible.

Alex Watts :

For example with DV assaults it is usually one persons word against another

Customer:

But the threat to kill is tied to the false imprisonment allegation, hence loss of her credability

Alex Watts :

Yes I understand. Your question was can it be charged based on a statement, the answer is yes

Alex Watts :

But you have evidence to suggest you were elsewhere

Customer:

Too much evidence, she was also driving my car daily, during alleged time

Alex Watts :

Indeed. As I said I do not think you are likely to be charged based on your evidence.

Customer:

And had full access to her mobile, she could have easily called police at any time

Customer:

Would the police have checked her phone

Alex Watts :

The Police can. I can't say whether they did

Customer:

Of thank you, ***** ***** final question please

Alex Watts :

Of course.

Alex Watts :

The lottery numbers tonight will be: 2, 5, 14, 23, 32, 43

Customer:

She was held in custody for 42 hours, is there a significance to that

Alex Watts :

Not really

Alex Watts :

It shows the Police have many questions

Alex Watts :

Can I clarify anything else for you today?

Customer:

One very final question, my mother and sister gave witness against her, is that valid in court, given the family embers?n

Customer:

Police did not question them about these allegations against me

Alex Watts :

Yes that would be valid evidence.

Alex Watts :

And that is something the CPS will consider.

Alex Watts :

The Police should consider taking statements if it supports your case.

Alex Watts :

But the Police or CPS may be satisfied regarding any charging decision without that.

Alex Watts :

But assuming it did go to Court your family members could give evidence.

Alex Watts :

Does that help?

Customer:

Very much , thank you

Alex Watts :

Great. If this answers your question might I invite you to rate my answer today

Alex Watts :

If the system wont let you or you need more help please click reply

Customer:

If I come up with further questions later, can I discuss with you

Alex Watts :

Yes of course.

Alex Watts :

Good luck with this.

Customer:

Many thanks

Alex Watts :

All the best and have a good weekend.

Ash and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello again a question cameto mind, once allegations are dropped, will anything appear on my crb?

Expert:  Ash replied 3 years ago.
No that will be the end of the matter,

Alex

Customer: replied 3 years ago.

Many thanks again, that is very reassuring

Expert:  Ash replied 3 years ago.
Happy to help.